If a father re-marries and then dies without a Will, are his children entitled to his property?

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If a father re-marries and then dies without a Will, are his children entitled to his property?

My ex-husband recently died, leaving no Will. His only children are in my custody; there are things of his that they would like, however his wife is not being compliant. Legally, what are my options?

Asked on July 26, 2011 New Hampshire

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for the loss.  If your ex husband died without a Will it is known as dying "intestate" and the intestacy statutes of the state of New Hampshire will apply.  His intestate estate has to be determined.  If he and his wife held property jointly then it would pass to her by operation of law when he passed away.  Any life insurance policies that have a specific beneficiary named would go to that beneficiary.  AS the the remaining intestate estate, the statute is not easy to read but I do believe that because the children are not children of his present wife then she would receive the first $100,000, plus 1/2 of the intestate estate.  The children would share the other half.  Now, are the things personal things of their Dad's?  Then you may want to seek legal help here anyway and have an attorney send a letter on behalf of the children regarding their Father's personal belongings (which may or may not be part of his estate) and asserting their rights.  Good luck.


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